Website operators secured another win in the protracted battle over third-party website cookies last week when a California state court held that these common tech features were not “trap and trace” devices and therefore a...more
8/6/2025
/ California ,
CIPA ,
Consent ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Dismissals ,
Leave to Amend ,
Privacy Disclosures ,
State Privacy Laws ,
Third-Party ,
Web Tracking ,
Websites
Businesses should be aware of recent public outreach in California – and other states with consumer privacy laws – signaling that increased enforcement activity is on the horizon. For instance, the California Privacy...more
7/28/2025
/ California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Covered Business ,
Data Privacy ,
Data Selling ,
Data-Sharing ,
Opt-Outs ,
Personal Data ,
Personal Information ,
State Privacy Laws ,
Website Owner Liability ,
Websites
A California bill aimed at curbing the explosion of lawsuits filed against businesses using common website tools like cookies, pixels, and session replay software has stalled out in the 2025 legislative session, meaning your...more
7/8/2025
/ California ,
CIPA ,
Class Action ,
Consent ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Privacy Policy ,
Proposed Legislation ,
State Privacy Laws ,
Web Tracking ,
Websites ,
Wiretapping
A new lawsuit just filed against an AI software provider offers a clear warning for any business using artificial intelligence to monitor or record customer service calls. On June 13, a California plaintiff filed a federal...more
6/19/2025
/ All-Party Consent ,
Artificial Intelligence ,
Audio Recording ,
CIPA ,
Class Action ,
Confidential Communications ,
Contract Terms ,
Corporate Counsel ,
Customer Service Calls ,
Data Privacy ,
Data Use Policies ,
Disclosure Requirements ,
Failure To Disclose ,
Invasion of Privacy ,
Natural Language Processing ,
Popular ,
Risk Management ,
State Privacy Laws ,
Third-Party Liability ,
Vendors ,
Wiretapping ,
Without Consent
In a significant enforcement move, California’s consumer privacy regulator just ordered a national clothing retailer to pay a $345,178 fine to resolve alleged violations of the state’s privacy law. The California Privacy...more
5/16/2025
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Corrective Action Plans (CAPs) ,
Data Collection ,
Data Privacy ,
Data Processors ,
Enforcement Actions ,
Internet Retailers ,
Opt-Outs ,
Personal Information ,
State Privacy Laws
Oregon consumers submitted more than 100 privacy complaints to the state’s justice department within six months of the Oregon Consumer Privacy Act (OCPA) taking effect, and businesses subject to the new law need to take note....more
4/2/2025
/ Consumer Privacy Rights ,
Cure Periods ,
Data Collection ,
Data Controller ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
New Legislation ,
Oregon ,
Personal Data ,
Privacy Policy ,
State Attorneys General ,
State Privacy Laws
Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more
3/6/2025
/ California ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Retention ,
Data Use Policies ,
Data-Sharing ,
Employee Monitoring ,
Employee Tracking ,
GPS ,
IP Addresses ,
Location Data ,
Notice Requirements ,
Opt-In ,
Privacy Policy ,
State Privacy Laws ,
Websites
Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more
2/11/2025
/ California ,
CIPA ,
Consumer Privacy Rights ,
Cookies ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Invasion of Privacy ,
Popular ,
State Privacy Laws ,
Web Tracking ,
Website Owner Liability ,
Websites ,
Wiretapping
In a major development for all businesses handling health data, New York lawmakers passed a sweeping health data privacy bill Wednesday that could have far-ranging consequences across the country. S929, also known as the New...more
1/24/2025
/ Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Deletion ,
Data Privacy ,
Data Processors ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
New York ,
PHI ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws
It’s no longer good enough for your business to have a reactive approach to consumer privacy – you need a proactive strategy to manage compliance, foster consumer trust, and stay competitive in this modern era. While many...more
11/13/2024
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Deletion ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Data Subject Access Requests ,
Data-Sharing ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
State Privacy Laws ,
Third-Party Risk ,
Vendor Contacts ,
Vendors
A recent board meeting of state officials revealed that the California agency responsible for overseeing the state’s landmark consumer privacy law received over 2,000 complaints for alleged violations in the past year alone –...more
8/2/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Selling ,
Data-Sharing ,
Enforcement Priorities ,
Notice Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Policy ,
State Privacy Laws
To the surprise of some, Governor DeSantis recently vetoed a bill that would have provided businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they met a few...more
State officials who oversee California’s data privacy law recently convened a public meeting to discuss various privacy-related matters – and may have signaled that an explanation of employer obligations under the law could...more
Businesses take heed: California state officials just warned that the law prohibits you from collecting unnecessary data and retaining data for longer than necessary. The California Privacy Protection Agency published its...more
4/15/2024
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Deletion ,
Data Privacy ,
Data Retention ,
Data Selling ,
Data-Sharing ,
Enforcement Actions ,
Opt-Outs ,
Personally Identifiable Information ,
Security and Privacy Controls ,
State Privacy Laws ,
Verification Requirements
Under the California Consumer Privacy Act (CCPA), California consumers may exercise certain rights in relation to their personal information – and businesses have strict deadlines to respond to such consumer requests. These...more
5/25/2023
/ California ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Consumer Requests ,
Data Collection ,
Data Privacy ,
Deadlines ,
Opt-Outs ,
Personal Information ,
Right to Delete ,
Right To Know ,
Right-To-Access ,
State Privacy Laws
Last week, Montana and Tennessee became the eighth and ninth states to pass comprehensive consumer privacy legislation. The bills were approved by the respective legislatures and are expected to soon be signed by governors of...more
More than two years after California voters passed a law amending the state’s landmark privacy rights statute, new regulations implementing the law finally took effect last week – but unfortunately leave four key questions...more
Iowa will soon be the sixth state in the nation with a comprehensive consumer privacy law – but the good news for employers is that it does not apply to data collected in the employment context and does not include a private...more
3/21/2023
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Exemptions ,
Notice Requirements ,
Opt-Outs ,
Penalties ,
Personal Data ,
Privacy Policy ,
Right to Delete ,
Right To Know ,
Right-To-Access ,
State Privacy Laws
California data privacy officials just cleared the way for key regulations to take effect as soon as this April – which means the time is now for businesses located both in and out of the state to take seriously your efforts...more
After a stalemate over federal consumer privacy legislation in the past few years, a draft bill was released on June 3 that signals a major step towards bipartisan support for federal consumer privacy legislation. The...more
6/14/2022
/ Consumer Privacy Rights ,
Covered Entities ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Transfers ,
Preemption ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation ,
State Privacy Laws